O'Connor v. Wal-Mart Stores East, LP et al
| Cindy O'Connor |
| Wal-Mart Stores East, Inc., Wal-Mart Real Estate Business Trust, Walmart Stores East, LP, WAL-MART STORES EAST, LP, Individually and as d/b/a WALMART, Wal-Mart Stores, Inc., WAL-MART STORES EAST, LP, Individually and as d/b/a WALMART #2210, WAL-MART STORES EAST, LP #2210, JOHN DOE CORPORATIONS 1 THROUGH 10, Walmart Stores East, LP Individually and as d/b/a Walmart #2210 and Wal-Mart Stores East, LP Individually and as d/b/a Walmart |
| 1:2020cv01781 |
| December 4, 2020 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| Lawrence J Vilardo |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 17
ORDER OF PRELIMINARY PRETRIAL CONFERENCE: telephonic preliminary pretrial conference set for March 22, 2021 at 10:00 a.m. before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 2/22/2021. (EG)
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| Filing 16 DECISION AND ORDER; denying #11 Motion to Remand to State Court; adopting Report and Recommendations re #15 Report and Recommendations. The case is referred back to Judge McCarthy for further proceedings. Signed by Hon. Lawrence J. Vilardo on 2/22/2021. (CGJ) |
| Filing 15 REPORT AND RECOMMENDATION re #11 First MOTION to Remand to State Court filed by Cindy O'Connor. The deadline for filing objections to this Report and Recommendation is February 9, 2021. Signed by Hon. Jeremiah J. McCarthy on 1/26/2021. (EG) |
| Filing 14 RESPONSE in Opposition re #11 First MOTION to Remand to State Court filed by Wal-Mart Real Estate Business Trust, Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Wal-Mart Stores East, LP #2210, Wal-Mart Stores, Inc., Walmart Stores East, LP, Walmart Stores East, LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Memorandum in Support MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTION TO REMAND THIS ACTION TO STATE COURT)(Will, Pauline) |
| Filing 13 TEXT ORDER: Defendant's response to plaintiff's motion #11 for remand shall be filed on or before January 21, 2021. Plaintiff's reply, if any, shall be filed by January 25, 2021, after which time the motion will be taken under advisement without oral argument unless otherwise deemed necessary or requested by the parties. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/11/2021. (EG) |
| Filing 12 AMENDED TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/11/2021. (CMD) |
| E-Filing Notification: RE #11 First MOTION to Remand to State Court. FYI the Notice of motion should be the main document not an attachment. No action required. (TF) |
| Filing 11 First MOTION to Remand to State Court by Cindy O'Connor. (Attachments: #1 Notice of Motion, #2 Affirmation, #3 Affidavits of Service Defendants, #4 Memorandum of Law)(Luna, Jason) |
| Filing 10 TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo 1/7/2021. (CMD) |
| Filing 9 TEXT ORDER granting #8 Motion for Pro Hac Vice Admission by Attorney Jason C. Luna. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/22/2020. (CMD) |
| Filing 8 MOTION to appear pro hac vice for attorney Jason C. Luna by Cindy O'Connor. (Fee $200.00 Receipt number BUF070520) (Attachments: #1 attachments)(KM) |
| E-Filing Notification: Incorrect event used to electronically file document. For future reference, use Certificate of Service event. No action required. RE #7 AFFIDAVIT re #4 Corporate Disclosure Statement, #6 Corporate Disclosure Statement, #5 Corporate Disclosure Statement, #3 Corporate Disclosure Statement. (TF) |
| Filing 7 AFFIDAVIT re #4 Corporate Disclosure Statement, #6 Corporate Disclosure Statement, #5 Corporate Disclosure Statement, #3 Corporate Disclosure Statement Certificate of Service by Wal-Mart Real Estate Business Trust, Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Wal-Mart Stores East, LP #2210, Wal-Mart Stores, Inc., Walmart Stores East, LP, Walmart Stores East, LP. (Will, Pauline) |
| Filing 6 Corporate Disclosure Statement by Wal-Mart Real Estate Business Trust. (Will, Pauline) |
| Filing 5 Corporate Disclosure Statement by Wal-Mart Stores East, Inc.. (Will, Pauline) |
| Filing 4 Corporate Disclosure Statement by Wal-Mart Stores East, LP. (Will, Pauline) |
| Filing 3 Corporate Disclosure Statement by Wal-Mart Stores, Inc.. (Will, Pauline) |
| Filing 2 NOTICE of Appearance by Sarah Elizabeth Schulz on behalf of Wal-Mart Real Estate Business Trust, Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Wal-Mart Stores East, LP #2210, Wal-Mart Stores, Inc., Walmart Stores East, LP, Walmart Stores East, LP (Schulz, Sarah) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JD) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| Filing 1 NOTICE OF REMOVAL by Wal-Mart Stores East, Inc., WAL-MART STORES EAST, LP, Individually and as d/b/a WALMART #2210, Wal-Mart Real Estate Business Trust, WAL-MART STORES EAST, LP, Individually and as d/b/a WALMART, WAL-MART STORES EAST, LP #2210, Walmart Stores East, LP, Wal-Mart Stores, Inc. from Erie County Supreme Court, case number 815631/2019. (Filing fee $ 402 receipt number 0209-4068189), filed by Wal-Mart Stores East, Inc., WAL-MART STORES EAST, LP, Individually and as d/b/a WALMART #2210, Wal-Mart Real Estate Business Trust, WAL-MART STORES EAST, LP, Individually and as d/b/a WALMART, WAL-MART STORES EAST, LP #2210, Walmart Stores East, LP, Wal-Mart Stores, Inc.. (Attachments: #1 Certificate of Service, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Civil Cover Sheet)(Will, Pauline) |
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